Source: The Hindu 

Introduction 

Parliamentary proceedings and privileges form the bedrock of India's legislative functioning, granting members the constitutional right to engage in meaningful debate and deliberation. These privileges, enshrined in Articles 105 and 194 of the Constitution, are designed to ensure the dignified conduct of legislative business while protecting members' freedom of speech within the House. However, the recent winter session has witnessed an unprecedented misuse of these privileges, with both ruling and opposition members disrupting proceedings through unparliamentary behavior, thereby undermining the very sanctity of legislative deliberations. 

How did Historical Leaders Exemplify Political Civility in Parliamentary Interactions? 

Past Incidents: 

• The 2007 round table discussion where Shyam Benegal and the author served with Speaker Somnath Chatterjee, where they learned that disruptions were seen as "democratic rights" of the Opposition. 
• Historical examples of political civility:  
  • Jawaharlal Nehru's courteous treatment of young Atal Bihari Vajpayee. 
  • Rajiv Gandhi arranging medical attention for Vajpayee in the US. 
  • P.V. Narasimha Rao sending Vajpayee to Geneva as India's representative. 
• Past parliamentary excellence:  
  • Notable parliamentarians like Ram Manohar Lohia, Nath Pai, George Fernandes, Madhu Limaye, Piloo Mody, and Minoo Masani who were known for their debating skills. 
  • Their verbal duels with leaders like Nehru and Indira Gandhi. 

Present Incidents: 

• Recent winter session disruptions by both Opposition and Treasury benches. 
• Dueling demonstrations by MPs on the House steps leading to accusations of assault and injury. 
  • Speaker of Lok Sabha actions:  
  • Suspension of opposition members. 
• "Denuding" the Lok Sabha of opposition while passing several bills in the 2023 winter session. 
• Current state of proceedings:  
  • More adjournments than discussions. 
  • Limited attendance by Prime Minister Modi compared to past leaders. 
  • Government using Parliament mainly as a "noticeboard" for announcements and rubber-stamping decisions. 
  • Breakdown of trust between government and opposition. 
  • MPs focusing more on television appearances than parliamentary debate. 

What are Parliamentary Privileges?  

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by members of Parliament and their committees. 
• These are essential for members to discharge duties without interference or intimidation. 
• Sources include: Constitution, parliamentary conventions, laws, rules of both houses, and judicial interpretations. 
• Key purpose: To ensure disciplined and undisturbed functioning of Parliament. 
• Not absolute rights - subject to limitations and responsible use. 

What are the Constitutional Provisions? 

• Article 105: Provides Privileges of Parliament  
  • Freedom of speech in Parliament. 
  • Immunity from court proceedings for statements/votes in Parliament. 
• Article 122: Validity of proceedings cannot be questioned in court. 
• Article 194: Privileges for State Legislature members. 
• Article 212: Protection of State Legislature proceedings. 
• Note: Privileges don't extend to the President despite being part of Parliament. 

What is the Classification of Parliamentary Privileges? 

Individual Privileges: 

• Freedom of speech in Parliament. 
• Immunity from court proceedings for parliamentary actions. 
• Freedom from arrest in civil cases (40 days before and after session). 
• Exemption from jury service during parliamentary sessions. 

Collective Privileges: 

• Right to receive information about member's arrest/detention. 
• Protection of proceedings publication. 
• Right to exclude strangers. 
• Right to punish for breach of privileges. 
• Control over internal proceedings. 
• Immunity from arrest within House precincts without Speaker's permission. 

What are the Major Case Laws in Relation to Parliamentary Privileges? 

Recent Significant Cases: 

• P V Narasimha Rao Case (2024):  
  • Overturned 1998 judgment. 
  • Established that bribery is not protected under parliamentary privileges. 
  • Anti-corruption measures over privilege protection. 
• Earlier Important Cases: 
• K Anandan Nambiar case (1951):  
  • MPs have no special status above ordinary citizens. 
  • Subject to normal arrest and detention rules. 
• State of Kerala v. K. Ajith (2021):  
  • Privileges are not exemptions from general law. 
  • Criminal law applies equally to parliamentarians. 

What are the Challenges and Issues? 

• Scope determination: Balancing privilege protection vs accountability. 
• Potential misuse: Risk of privilege exploitation. 
• Transparency concerns: Opaque enforcement mechanisms. 
• Conflict with constitutional principles: Equality before law vs. special privileges. 
• Need for better oversight and enforcement mechanisms. 

International Practices: 

• The United Kingdom: 
  • The Parliament at Westminster enjoys similar privileges, including freedom of speech, immunity from arrest, and the right to regulate its own proceedings. 
  • These privileges are established through a combination of statute, common law, and precedent. 
• Canada: 
  • The Parliament of Canada also has established privileges for its members, including freedom of speech, immunity from arrest, and the right to punish breaches of privilege. 
  • These privileges are outlined in the Constitution Act, 1867 and the Parliament of Canada Act. 
• Australia: 
  • The Parliament of Australia follows similar principles, with privileges enshrined in its Constitution. Members enjoy freedom of speech, immunity from arrest, and the right to regulate their own proceedings. 
• New Zealand:  
  • Parliamentary Privilege Act 2014 provides a clear framework. 

Conclusion 

The erosion of parliamentary decorum and misuse of privileges has severely compromised the legislature's primary function as a deliberative body. While parliamentary privileges are meant to facilitate constructive debate and protect members' rights, their current exploitation through disruptions and adjournments threatens the foundational principles of legislative functioning. The urgent need is to restore the balance between exercising parliamentary privileges and maintaining legislative dignity, ensuring that these constitutional safeguards serve their intended purpose of strengthening, rather than weakening, our democratic institutions.